Vincent v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 1st June, 1883, in the name of the State of Alabama as complainant, against Isaac H. Yincent, la.te treasurer of the State, his wife and children, and several other persons; and sought, principally, to set aside certain conveyances of property to Mrs. Yincent, made or procured to, be made to her by her husband, on the ground that they were…
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 1st June, 1883, in the name of the State of Alabama as complainant, against Isaac H. Yincent, la.te treasurer of the State, his wife and children, and several other persons; and sought, principally, to set aside certain conveyances of property to Mrs. Yincent, made or procured to, be made to her by her husband, on the ground that they were without consideration, and were fraudulent as against the complainant’s claim against said Yincent on account of his…
1Opinion of the Court
STONE, J..
— One indebted, or on whom there rests a legal liability, can not make a gift, or voluntary conveyance of propertjq which will be upheld against such pre-existing debt'or liability. And when a prior debt or legal liability is shown, to which such conveyed property is sought to be made subject, the burden is on the grantee, to show that the conveyance is supported by a sufficient, valuable consideration.. — -Miller v. *282Thompson, 3 Por. 196; Costillo v. Thompson, 9 Ala. 937; Spencer v. Godwin, 3 Ala. 355; Huggins v. Perrine, Ib. 396; Hamilton v. Blackwell, 60 Ala. 545; Zelnicker v.…
2Cases cited15 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Hamilton's Adm'r v. BlackwellSupreme Court of Alabama · 1877
- Early & Lane v. OwensSupreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Ginn v. HardySupreme Court of Alabama · 1900
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Williams v. Newark Dept. of WelfareNew Jersey Superior Court Appellate Division · 1957
- Ray v. JacksonSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.